Review of the Rail Safety National Law

A report on the review and implementation plan has now been endorsed by Australia’s transport ministers. 

Key recommendations include: 

• Increased transparency around Office of National Rail Safety Regulator’s (ONRSR) regulatory activities 
• Increased safety promotion and education function based on the national data insights 
• A more proactive role for ONRSR in achieving interoperability outcomes and promoting innovation and productivity across the national rail network (without any detriment to safety) 
• Approved Code of Practice outlining evidence to demonstrate what meaningful consultation with unions and workers looks like  
• ONRSR be granted additional powers to compel parties to enter into safety interface agreements (especially around Level Crossings) and developing an Approved Code of Practice to outline the requirements of effective agreements.  

The review comes 11 years after the Rail Safety National Law came into place.  

While it was a landmark reform when enacted in 2012, replacing 46 pieces of State, Territory and Commonwealth legislation and creating the Office of the National Rail Safety Regulator (ONRSR), the targeted review presented an opportunity to look at how effective the law has been.  

The independent review focused on:  

whether the law best positions ONRSR to deliver its regulatory functions efficiently   

if it is flexible enough to support the safety aspects of rail reform and the National Rail Action Plan’s focus on interoperability and harmonisation.  

Aspects of the law considered included:  

• administration of the law  
• transparency  
• interaction with work health and safety legislation  
• co-regulation  
• roles and responsibilities.  
• flexibility.